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HomeMy WebLinkAbout94-43 - Resolutions RESOLUTION NO. 94-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT NO. 94-01, A REQUEST TO ALLOW ENTERTAINMENT INCLUDING, BUT NOT LIMITED TO, LIVE BANDS, A DISC JOCKEY, KARAOKE, CELEBRITY APPEARANCES, AND COMEDY NIGHTS, IN CONJUNCTION WITH A NIGHT CLUB AND SPORTS BAR IN THE COMMUNITY COMMERCIAL DESIGNATION (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 10134 FOOTHILL BOULEVARD, EAST OF HERMOSA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-601-07 AND 08. A. Recitals. 1. John Sanchez has filed an application for approval of Entertainment Permit 94-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application. " 2. On the 8th day of June 1994, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 8, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Foothill Boulevard, east of Hermosa Avenue at 10134 Foothill Boulevard, with a street frontage of 132 feet and a lot depth of 387 feet. The property is presently developed with a commercial building, formerly used as a night club; and b. The property to the north of the subject site is designated for commercial uses and is vacant. The property to the south of the site is designated for commercial uses and is developed with a restaurant. The property to the east is designated for commercial uses and is developed with a house converted to an office. The property to the west is designated for commercial uses and is developed with a motel and convenience market; and PLANNING COMMISSION RESOLUTION NO. 94-43 EP 94-01 - JOHN SANCHEZ June 8, 1994 Page 2 c. The applicant proposes to conduct entertainment in conjunction with a night club and sports bar, to include live bands, a disc jockey, karaoke, celebrity appearances, and comedy nights; and d. Establishments providing entertainment are allowed subject to review and approval of an Entertainment Permit application; and e. All entertainment will be provided within an enclosed building; and f. The applicant has submitted a security plan indicating the precautions to be implemented to ensure the safety of patrons and employees of the night club, both inside the building and within the parking area; and g. The application, together with the attached conditions of approval, will comply with all applicable standards of the Foothill Boulevard Specific Plan and the Development Code; and h. The application contemplates a dance floor of greater than 150 square feet for patrons. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of fact set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals, or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; and c. That granting the application would not create a public nuisance; and d. That the applicant, or any person associated with him as principal or partner in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performances of any obscene show of any kind or of a felony or any crime involving the moral turpitude, nor has any approval, permit, license issued in conjunction with the sale of alcohol or the provisions of entertainment been revoked within the preceding five years. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: PLANNING COMMISSION RESOLUTION NO. 94-43 EP 94-01 - JOHN SANCHEZ June 8, 1994 Page 3 Planning Division 1) Approval is granted for the following entertainment uses: a. Live bands; b. Disc jockey doing vocals, playing music, and videos; c. Live acts of comedy; d. Karaoke; e. Special promotions for celebrity appearances, sporting events through satellite television; and f. Pool tournaments during afternoon hours. 2) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code Section 17.04.090, shall be permitted. 3) All pertinent conditions contained in the Resolution approving Conditional Use Permit 94-08 shall apply. 4) The applicant shall have in attendance on the premises for the purposes of supervising the dancing and the conduct of all patrons and customers, a duly licensed and uniformed security guard at all times such dancing is permitted on a floor area exceeding 150 square feet. 5) A minimum of two duly-licensed, certified or trained, and regularly employed security guards from a reputable security firm shall be required to be on the premises from 6 p.m. until two hours after the conclusion of any entertainment. At least one of the guards shall be in "peace officer" attire and shall remain on duty in the parking and outside adjacent areas of the facility. 6) The hours of operation for the entertainment shall be limited to 6 p.m. to 12 midnight, Sunday through Wednesday, and 6 p.m. to 2 a.m. , Thursday through Saturday, with the exception of pool tournaments which may be conducted in the afternoon. PLANNING COMMISSION RESOLUTION NO. 94-43 EP 94-01 - JOHN SANCHEZ June 8, 1994 Page 4 7) If the operation of the business creates law enforcement and/or fire safety problems such as, but not limited to, loitering and disturbances, noise, overcrowding, blocked fire exits, etc. , this Entertainment Permit shall be brought before the Planning Commission for consideration of modification and/or revocation. This Entertainment Permit shall be monitored and brought back to the Planning Commission within six months from occupancy to review compliance with all Conditions of Approval and applicable City ordinances. Failure to comply with the Conditions of Approval or applicable City ordinances shall cause the suspension of the Entertainment Permit and possible revocation of the Entertainment Permit by the Planning Commission. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JUNE 1994. PLANN • %A00_, - SION 0 'H: CITY OF RANCHO CUCAMONGA BY: tikt eiCOMURI\_ IN irman ATTEST: ali( / .rL12 Bra y , Brad Bul er, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of June 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY